Work in the US without DHS Authorization

[Cyberfx1024 7,980]

3 minutes ago, Jojo92122 said:

Yeah, great immigration lawyer.  Doesn't even know that PLENTY of people have gotten SSN ahead of the EAD.  Would not take advice from this idiot.

That's the first thing I tell people to get when they come in to the country legitimately is a SSN. Everything else you can do later even changing the name on the ss card to your married name.

[Teemo 252]

On 5/22/2018 at 7:12 AM, Cyberfx1024 said:

If he accepts that job and then hands over the social security card to the company and they do a basic amount of checking on him then they will see that he can not work. Then he could get in trouble later on down the line.

In trouble for not working? He is not misrepresenting himself, he is not presenting false documents, he is not lying. If they don't hire him because he has no work authorization, that's it, there's nothing to get in trouble for because nothing has actually happened. 

Edited May 23, 2018 by Teemo

[Teemo 252]

On 5/22/2018 at 11:43 AM, Jojo92122 said:

It's illegal for you to work without authorization. 

Correct. But all unauthorized work is forgiven for immediate relative of USC. 

 

On 5/22/2018 at 11:43 AM, Jojo92122 said:

It's illegal for a US employer to hire you. 

Correct. The employer takes on the potential consequences, which range from $1,000-$2,000 per instance for a first occurrence. The employee does not take on this penalty.

 

On 5/22/2018 at 11:43 AM, Jojo92122 said:

A person can still adjust status if he is the IR of a USC despite unauthorized work.  This mean you will not be penalize for AOS by working illegally.  

Correct. No penalty. No impact on adjustment of status. No legal issues. No liability. Therefore, no consequence. 

 

On 5/22/2018 at 11:43 AM, Jojo92122 said:

However, it doesn't mean that there are no consequences.  Make a false claim to US citizenship to work, and you are putting your future at risk.  

Correct, but no one said anything about a false claim to US Citizenship. that is not in the discussion here. It is simply working without authorization, without misrepresenting oneself or presenting false documents. In OP's case he was not asked (yet) to prove his work authorization. This happens all the time, especially with smaller employers. 

 

On 5/22/2018 at 11:43 AM, Jojo92122 said:

No one is going to tell you that it is safe for you to work illegally.  All people can say is that unauthorized work will not prevent you from AOS.

Correct. Nothing I have said here condones or encourages unauthorized employment. But it is a FACT that it is forgiven and it won't impact the AoS, as long as there is no misrepresentation, which OP never said he was doing. All he said he was doing was producing his social security card when asked to do so. 

Edited May 23, 2018 by Teemo

[Cyberfx1024 7,980]

17 minutes ago, Teemo said:

In trouble for not working? He is not misrepresenting himself, he is not presenting false documents, he is not lying. If they don't hire him because he has no work authorization, that's it, there's nothing to get in trouble for because nothing has actually happened. 

Okok your right and we are wrong. So disregard everything we just said and go your own way. Feel free to come back later when that bites you in the butt needing help.

Edited May 23, 2018 by Cyberfx1024

[Teemo 252]

18 minutes ago, Cyberfx1024 said:

Okok your right and we are wrong. So disregard everything we just said and go your own way. Feel free to come back later when that bites you in the butt needing help.

I don't think you understand reality.

 

By federal law, all employers are supposed to ask for work authorization to hire you. And they are supposed to have you fill out an I-9 to prove so. Many of them do not, especially the smaller ones. How else do you think 11 million undocumented immigrants are working without authorization? Some falsify documents, but many more are not even asked to prove they can work legally. The local deli on the corner or the landscaping company with 3 contractors rarely ask for work authorization, so they are hiring people who should not be working.

 

Now, if you work without authorization because the company has not asked you to provide documents, you have unauthorized employment. This is a serious issue - EXCEPT for people who then apply for adjustment of status through immediate relative that is a US Citizen, or have already applied for it, because that is forgiven. So he is in the midst of adjusting status and assuming he get it (this won't be a bar to it), it will be like it never happened. So what possible consequence are you envisioning, that millions of others have not received? Are you conflating the consequences for misrepresenting oneself as a US Citizen or presenting false documents? Are you conflating the serious consequences for unauthorized employment that those applying for EMPLOYMENT-BASED not FAMILY-BASED visas will face?

 

Nothing here is meant to condone or encourage unauthorized employment. Simple fact: millions of people work illegally and most of them can do so because they are not asked to prove they can work here. Many of those millions are overstays for 5 or more years and this how they work. Simply because they are not asked to prove they can work here. The second they are granted  adjustment of status, unauthorized employment (NOT misrepresenting oneself as a US citizen or presenting false docs) is forgiven which by definition means all potential consequences are removed. And unauthorized employment is not a bar to being granted AoS. 

 

Employers face the potential civil consequences, but in reality the government does not have the resources to go after small employers, so they audit the bigger ones (Wal-mart, 7-11, Bank of America etc). That is why smaller employers don't feel forced to use I-9s, even though by law they should. 

 

Edited May 23, 2018 by Teemo

[Jojo92122 1,924]

3 hours ago, Teemo said:

Correct. But all unauthorized work is forgiven for immediate relative of USC. 

 

Correct. The employer takes on the potential consequences, which range from $1,000-$2,000 per instance for a first occurrence. The employee does not take on this penalty.

 

Correct. No penalty. No impact on adjustment of status. No legal issues. No liability. Therefore, no consequence. 

 

Correct, but no one said anything about a false claim to US Citizenship. that is not in the discussion here. It is simply working without authorization, without misrepresenting oneself or presenting false documents. In OP's case he was not asked (yet) to prove his work authorization. This happens all the time, especially with smaller employers. 

 

Correct. Nothing I have said here condones or encourages unauthorized employment. But it is a FACT that it is forgiven and it won't impact the AoS, as long as there is no misrepresentation, which OP never said he was doing. All he said he was doing was producing his social security card when asked to do so. 

Thanks for correcting my homework and telling me I did great.  You are very knowledgable.  

[Teemo 252]

1 hour ago, Jojo92122 said:

Thanks for correcting my homework and telling me I did great.  You are very knowledgable.  

Hopefully you appreciate the very constructive way I showed you that you were utterly wrong. 

[Jojo92122 1,924]

On 5/23/2018 at 7:02 PM, Teemo said:

Hopefully you appreciate the very constructive way I showed you that you were utterly wrong. 

Yeah, you newbies know better than us old timers.